South Dakota Enacts the Uniform Real Property Electronic Recording Act
by: Paul McSheffrey
Along with Senate Bill No. 68, the South Dakota legislature has adopted the Uniform Real Property Electronic Recording Act. In addition, the Act provides for a funding source and revises some provisions regarding electronic recording.
Some state laws require a document to be original, be on a tangible medium, be in writing, or be signed for recordation. The newly adopted act now allows an electronic document to satisfy these requirements. Additionally, if a law requires a document or signature associated with a document to be notarized, an electronic signature of the notary will satisfy this requirement. A stamp or physical impression is not necessary as long as the electronic signature is attached. Also, evidence of a document or signature may not be excluded from a proceeding for the sole reason that it is electronic.
The act also creates the electronic recording commission. The commission is to be composed of nine members including five registers of deeds, one South Dakota licensed attorney, two licensed title abstractors, and one person in the banking industry. Under the act, the commission is to keep the practices of the South Dakota registers of deeds in accordance with the standards of recording offices in other jurisdictions with similar laws. The commission is also responsible for keeping technology used by registers of deeds compatible with software used by other jurisdictions.
Additionally, the act amends South Dakota statute 7-9-8.1 relating to the requirement that each register of deeds endorse each instrument received and the time they are submitted. The amendment requires that each document indicate whether it was submitted by electronic transmission.
The full text of the changes can be found in South Dakota Senate Bill No. 68. These rules become effective on July 1, 2014.
About the Author
Paul McSheffrey, J.D. is Regulatory Compliance Consultant at Bankers Advisory, Inc. He is a graduate of Northeastern University and earned his Juris Doctor at the New England School of Law. Paul is admitted to the Bar in Massachusetts and New York. He can be reached at paul@bankersadvisory.com
Paul McSheffrey, JD, is a senior regulatory compliance consultant with CLA. He is a graduate of Northeastern University and earned his juris doctor at the New England School of Law. He is admitted to the Bar in both Massachusetts and New York.
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